Many California family law attorneys advise couples to create a prenuptial agreement. But why? How is it worth the awkward conversation often associated with a certain stigma?
The complicated answer: marriage is a crucial legal process. Although you might do it out of love, there are several personal and financial aspects that you agree to in a contract. Crucially, properties can be shared and ownership can be entangled.
Not to mention, even if you marry someone you love or wholly trust, it doesn't ensure that circumstances aren't going to change. Unfortunately, some marriages sour, people change, and people have valid reasons to file for divorce.
Hence, a prenup is a safety net that would reduce complications during the divorce process. If you don't end up divorcing, then you lose nothing. However, it's better to be prepared than not if you do.
Let's look at how prenups in Los Angeles work, how it might apply to you, and how that helps during the divorce process:
Why Do You Need A California Prenuptial Agreement?
California is a community property state. This means estate acquired while you're married to someone is considered shared property. If you get divorced, all the shared property will be liquidated and divided among you. This could be a problem, especially for a couple who doesn't have equal financial contributions.
While this could be resolved by hiring a California divorce lawyer and categorizing your marital property, there might still be unavoidable complications along the way.
The best way to ensure fair property division is to agree on it before marriage. A prenuptial agreement in California lays out who owns which property and who gets which should you divorce.
How Does Prenup Divide Property In California?
In California, a couple divorcing must decide how to divide their property by the state's community property law. This legislation maintains that all earnings and assets accumulated during a marriage are the joint property of both spouses and are divided equally in the event of divorce.
A prenuptial agreement, however, may be able to draw a line in the sand between community property and each spouse's private assets. As a result, their agreement simplifies the division of marital property under the community property statute, which would streamline the entire divorce procedure.
A California prenup attorney can assist you in determining if you can use your prenuptial agreement to direct your divorce if you choose to dissolve your marriage and need to make sure it is still enforceable.
How Do Prenups Affect Spousal Support And Alimony In California?
Prenuptial agreements may also guide when considering spousal support or alimony. Prenuptial agreements are created by some couples to guarantee fair and reasonable spousal support arrangements in the event of a divorce. Prenuptial agreements can be tailored in a variety of ways.
Still, it is imperative for spouses who already have them to remember that they must be updated in the wake of significant life events like the birth of a child, the development of a medical issue, or the receipt of a sizable inheritance.
It is advisable to have a prescreened California divorce lawyer analyze your present premarital agreement if you are unsure of its continued legal enforceability.
Why Do You Need To Hire A California Prenup Lawyer?
Like every legal document, Prenups need to be as detailed as possible. You want you, your spouse, your lawyers, and the judge to be able to interpret it in a way that you wish the clauses to. There's no room for missing signatures, wrong dates, and ambiguous language in a prenuptial agreement in California.
California family law attorneys can ensure that everything you want is reflected in your prenup. Your California prenup attorney can also review your and your future spouse's financial situation and how that might play out in the event of a divorce.
Get A Referral To A Prescreened California Prenup Lawyer ASAP!
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